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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50182
Experience:  Qualified Solicitor
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I am an Indian citizen and signed a job contract from U.K job

Customer Question

I am an Indian citizen and signed a job contract from U.K job agency and suppose to be join in Norway for one of company. But due to some personal reason I didn`t join but I joined in another company in less pay what has been offered by U.K agency. Now it was mentioned in contract that notice period shall be of 30 days but nothing was mentioned about no show up. But unfortunately U.K agency has sent me a notice period demand voucher and I don`t want to pay, they also warned me for legal action in case I don`t pay this amount. Also they add VAT in voucher on top of notice period amount which 20% of notice period amount. Please help me in this regards.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today.Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know are you based in the UK?
Customer: replied 4 years ago.

No. I am in UAE.

Expert:  Ben Jones replied 4 years ago.
Thank you for clarifying. When you agreed to join the agency you would have entered into a contract with them where they would have agreed to pr0vide the work for you and you would have agreed to undertake that work. If either party failed to do as they had promised they can be held to have acted in breach of contract. In your case a breach by you could allow the employer to pursue you for any losses incurred by your cancellation of the contract where you had not given them sufficient notice. This could be for example costs associated with getting a replacement for you, or some losses if they had been unable to fulfil the contract with their client. Whatever they claim, it must be actual and reasonable costs accrued as a direct result of your breach. They cannot charge VAT for such losses as that is only charged for the provision of goods and services and no service was provided here.

You must also consider what they can do if they refuse to pay. If you were a British citizen and based there, it would have been relatively easy for them to issue a court claim against you if they really wanted to pursue it that way. However, you are based abroad and in that case it is not easy to take you to court. They will have to get involved with complex cross-jurisdictional issues and enforcing any court judgment abroad is not easy. If I was their solicitor I would quite likely advise them that they can send you threatening letters in the hope you will pay up anyway, but if no payment is made to drop the matter as pursuing it through the courts will cost a lot and take up quite a bit of time.

So I think these are just scare tactics they are applying at the moment and that legal action will not actually follow. There is of course no guarantee of that but it is the most likely scenario.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much